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Madras High CourtWA(MD)/834/2017withdrawn dismissed

Dr.A.Udayakumar v. Union Of India,

2017-07-04Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.A.(MD)No.834 of 2017 and C.M.P(MD) No.5734 of 2017 Dr.A.Udayakumar ..Appellant Vs.

1.Union of India Represented by its Secretary Ministry of Human Resources Development New Delhi.

2.The Director General Indian Council of Agriculture Research (ICAR) Krishi Bhawan New Delhi.

3.The Registrar Gandhigram Rural Institute (Deemed University) Gandhigram, Dindigul District.

4.The Director, ICAR-Agricultural Technology Application Research Institue (ATARI) MRS, H.A. Farm, Hebbal, Bengaluru - 560 024.

5.The Director, ICAR-Agricultural Technology Application Research Institue (ATARI) Zone V, Crida Campus, Santhosh Nagar, Hyderabad - 59.

..Respondents PRAYER: Writ Appeal is filed under clause 15 of Letter Patent Act, to set aside the order passed in W.P.(MD)No.10983 of 2017 dated 14.06.2017.

Prayer in WP(MD). 10983/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of

Certiorarified Mandamus, calling for the records pertaining to the order passed by the 4th respondent in his proceedings in F.No. ADMN. 5-35/ZPD/2012 dated 24.05.2017 rejecting petitioners request for the continuation of service as Programme Coordinator till June, 2019 considering his age of retirement as 62 years and set aside the same as illegal and the consequent direction may be issued directing the respondents to permit the petitioner to continue in service till June, 2019 considering his age of retirement as 62 years and also to extend him all the service and monetary benefits in par with the employees of the third respondent University.

For petitioner : Mr.T.A.Ebenezer For R1 and R2 : Mr.S.Jeyasingh, Central Government Standing Counsel

O R D E R

[Order of the Court was made by K.K.SASIDHARAN, J.] The learned counsel for the appellant has made an endorsement indicating that he is withdrawing the Writ Appeal with liberty to submit a representation to the Gandhigram Rural Institute to pay him the benefits available to the post of subject matter specialist.

2. In view of the endorsement so made, the Writ Appeal is dismissed as withdrawn with such liberty. No Costs. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To:

1.The Secretary, Union of India, Ministry of Human Resources Development, New Delhi.

2.The Director General, Indian Council of Agriculture Research (ICAR), Krishi Bhawan, New Delhi.

3.The Registrar, Gandhigram Rural Institute (Deemed University), Gandhigram, Dindigul District.

4.The Director, ICAR-Agricultural Technology Application Research Institue (ATARI) MRS, H.A. Farm, Hebbal, Bengaluru - 560 024.

5.The Director, ICAR-Agricultural Technology Application Research Institue (ATARI) Zone V, Crida Campus, Santhosh Nagar, Hyderabad - 59.

+1cc to M/S.S.Jeyasingh, Advocate SR.No. 63447 +1cc to M/S.T.A.Ebenezer, Advocate SR.No. 63558 JUDGMENT MADE IN W.A(MD)Nos.834 of 2017 04.07.2017 rj2/rm JM/SKN RSK/SAR 2/13.07.2017/3P/7C